Fuck-got to go to court as a witness.......

[Shitscared]

Advice required pleased although I have to keep the details vague for obvious reasons. You legal beagles might be able to help.

Basically I was witness to an attempted murder and have been called to Crown Court to give evidence. Those accused are local mafia, really nasty men so basically I am more than little worried.

I'm not a woosey person and although I am nervous about appearing in court, that part is OK as I am so bloody angry that I witnessed a near murder I feel I can't refuse to help. The bit that bothers me is them finding out who I am/where I live etc not so much for me but for my DC's as we are a single parent family. I know they technically shouldn't but with the internet etc it wouldn't be hard as I have worked regularly in various charity events in our small town and we publicise these events a lot.

I am not the only witness, there are several of us thankfully so it's not as though the case hinges on my statement alone. I have been offered the chance to have a pre-court visit which I will take up so I'm not totally unfamiliar with the layout when I go in. We will also be taken into a waiting room away from any supporters/family of the accused.

The other thing they have said they can do is put screens up so I can't be seen. Apparently they have to ask the courts permission, so I need to let them know soon.

Has anyone here had experience of this? Am I over-reacting? Will it label me as a nervous witness and therefore unreliable?

If you think having screens will improve the quality of your evidence (through your ability to give evidence) then you should tell the police/witness care. It's not unusual for the prosecution to seek special measures (screens, video link etc) in cases of serious violence. It won't mark you out as unreliable, the Judge will give the jury appropriate advice about why you're behind a screen.

If you felt able to give evidence without the screen, then I think it's marginally better. Given that you're worried now, let them now so they can make the application in time.

I would recommend making use of the Witness Service in advance of the hearing. They're usually very good.

Good luck!

Thanks Zillion, can I ask why you think its better without the screens?

FWIW I agree with you, totally irrational I know but if I were on the jury I might have a feeling that as the witness nervy and possibly (quite wrongly) not as strong in testimony. I don't want something as silly as that to undermine my statement.

Also are witnesses subject to the same restrictions as jurors in terms of not discussing the case with anyone?

Thanks unreasonable they are ringing me shortly, just wasn't sure if they were any use. Everyone has been very helpful so far and I'm sure it'll be fine.

I was hoping I could discuss it with a few if my friends who know about it as I was so when it happened, and I don't have the support of a partner but if I can have witness support I will be fine.

I shall keep schtoom and melt into the woodwork

Thanks for the advice.

OP, it's difficult for me to define why I feel like that. One of the reasons is that juries are a lottery, there are 12 strangers and you have no idea of their background/experiences/values/opinions, so you can't tell what they might make of the screens or what they might read into it. They will be directed by the Judge not to take it into account, but juries do not always do as they are instructed. That said, I think screens are better than video link, which to a certain extent disconnects the witness from the case. The Court will only allow these special measures if they're deemed to be necessary.

That said, it sounds more likely that the quality of your evidence would be undermined by your fears and anxieties (no criticism of that) so I think having an application for a screen sounds sensible. I'm sure most, if not all, members of a jury will empathise that having witnessed a serious assault will cause you anxiety.

As far as "Also are witnesses subject to the same restrictions as jurors in terms of not discussing the case with anyone?" goes, I would answer no. You have already discussed the case (presumably) with the police! You shouldn't discuss your evidence with other witnesses, for fear of contamination (ie you taking on their recollections/opinions or vice versa). I see no difficulty with you talking about the case generally with a trusted uninvolved friend, provided that you can be confident that they won't drag you into discussions of your evidence that might undermine it. Witness Support are in the best position to give you advice/support about the proceedings, and won't cause you any problems, but that doesn't mean you can't tell your best friend that you're going to court next Tuesday and you're feeling a bit nervous about it.

Thanks Zillion that is my general feeling about juries too -totally inexperienced of them but have family & friends in the legal service on all sides of the court as well as those who have done jury service themselves. I'm sure human instinct must contribute to their views despite anyones best intentions.

I shall speak to the WS team, I have a few weeks yet before it starts but unless they think it advisable I will try without screens. I don't want anything to undermine my little contribution in getting these men convicted if I can help it.

Luckily there are several factors that help me be absolutely sure of the timings of what I saw and the incident is imprinted on my mind so I'm as confident as I can be that my statement is rock solid. Hope that's not tempting fate.

If you do choose to use the screens, please don't then go and sit in the public gallery to be seen by all!

Good luck and I hope it goes well.

I think a visit to a Court might help you assess whether you'd want a screen.

Hi -just thought I'd update.

Went on a pretrial visit today, and the Witness Support team were all lovely and very reassuring. I had a guided tour of the court and a chance to see the POV of the judge and jury as well as who sits where which is a great help as I'll know who is who when I go in.

The main thing that alarmed me was the proximity of the witness box to the dock. They will be all secured behind bullet proof glass etc but it is barely 12 ft away and it did make me feel a bit wobbly. The court is quite wide as you look at it from the bench but quite narrow from front to back.I would also have to go from the witness support office through the public waiting area and back out again.

If the accused (or their supporters) get a good look at me,then as I frequently go into the town where they live and work, I don't want to be looking over my shoulder IYSWIM. Not to sound too hysterical.

I shall talk it over with the liason officer. I presumed (wrongly) that there would be a door the witness came in through direct to the box, behind the screens. They will have to clear the court so I can come in unseen and then I presume same when I leave but they then have an unmarked side door I can leave from. I don't want them thinking I'm being a drama queen but my mind was racing as I left.

So MN wise ones, what would YOU do?

Personally I would go for the screens, for my own peace of mind, as I wouldn't want to live my life wondering if someone was watching me, although that is highly unlikely.

If I were a juror I would completely understand why someone testifying against a potential murderer would want to protect their identity.

Good luck, you are doing the right thing.

I was on jury service last year. We didnt have to leave when the witness who had the screen up came in. The screen was put up so that the defendant couldnt see the witness but we could.

Have the application made for screens. It sounds like it would help you give your evidence. Glad the visit was useful.

(My only concern is whether the trial will be in the court room you visited. Where I am, things tend to move around a bit (within the building). It may be that the one is the only suitable room for the trial though. Courts all follow the same kind of layout though, so it was a useful visit wherever you end up).

Finally, try and keep a grip on your anxiety. It's very rare for there to be any problems at Court/afterwards for witnesses.

Thanks all. I contacted the Witness liason officer, mine was away & got a really snotty one who kept saying it was a bit last minute I did explain that I had only just has my visit and it was following that visit that I'd changed my mind.

What I HADN'T had explained was that they have to have a formal statement to go to the judge with to request the screens. (S)He may yet say no.

However having had a good chat with the DCI who has beein co-ordinating the case I feel a lot happier with the situation, she took me through all the background to the case and her thoughts on the issue.

I told her I would be happy to go ahead regardless of the screens but if I can have them it would ease my mind.

Lottie I think when they said "clear the courts" its of the public and defendants due to the access in this court. I had a better understanding after seeing it, the pre-trial visits are a brilliant idea,very helpful.

Zillion you are right & I have got a grip. I'm not an anxious person normally but this has been a worry basically not knowing what was going to happen. Not the giving evidence just the fact that they would get a good look at me and are very nasty people who live where I go most weeks. But as you say very rare to have problems and the DCI was able to give me a better idea of things so all good.

I get what you mean about the courtroom, I was warned it may not be that one but I believe in this court they are all similar or at least the same layout even if a different shape or size.

Thanks for your thoughts.

Glad things are going well for you and you're feeling a little happier. I didn't intend to sound critical, it's perfectly normal to be worried.